The following terms and conditions apply to all website development / design services provided by Smiling Panda Web Design to the client.
It is not necessary for any client to have signed an acceptance of these terms and conditions for them to apply. If a client accepts a quote then the client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted these terms and conditions.
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that new features are required after work on the website commences, then Smiling Panda Web Design may accept these changes with the provision that additional charges may have to be negotiated and accepted by the client before the additional work can be done.
All services require advance payment, usually in stages. Invoices are issued for each payment. These payments are made via bank transfer or by other agreed arrangement. Continuance of work on a website is conditional on payment made for each stage. Refunds are not available for cancelled projects once payment is received.
- Client Review
Smiling Panda Web Design will provide the client with the opportunity to review the appearance and content of the website during the design phase and once overall development is complete.
At the completion of the project, such materials will be deemed to accepted and approved unless the client notifies Smiling Panda Web Design otherwise within seven (7) days of the date the materials are made available to the client.
- Content Management and Delivery
During the project, Smiling Panda Web Design will normally require the client to deliver content; text, images, videos (as appropriate) for their website. All content provided by the client will either be owned by them, or they will have purchased the relevant copyright license applicable for use on a website. Sometimes a client will request assistance with providing the content – this can be arranged at an additional charge.
Most websites set up by Smiling Panda Web Design are developed using WordPress, a well-respected CMS (content management system). Although it can be used for blogging (if required), it does also allow the client to amend their own website content, even after delivered by us.
The client agrees that Smiling Panda Web Design is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
- Hosting, Domain name ownership and other expenses
In addition to the charges for services provided by Smiling Panda Web Design, the client will be liable for the costs involved in hosting their website and with purchasing their domain name(s). The contract for those services will be between the client and the company that provides hosting and domain name purchase. The hosting services must be set up before detailed work can begin on a client’s website, and temporary access to user accounts and passwords must be provided to Smiling Panda Web Design to facilitate that. Assistance and advice can be provided by Smiling Panda Web Design in setting up hosting and domain names.
The client will be liable for any costs involved with purchasing fonts, licenses for photos and other content.
A lot of the development of websites using WordPress involves integrating with third party software (including ‘themes’ and ‘plugins’). Although WordPress itself is free to use, on occasion the additional third party software requires a charge, either one-off or a repeating payment. These charges will be passed on to the client as part of their set-up and ongoing website costs. Any required repeating payments will be subject to a contract between the client and the developer of the software. Where possible, Smiling Panda Web Design will give advance warning of these expected costs.
- Software updates and Post-Delivery Changes
Smiling Panda Web Design will not be held responsible for any downtime to a website after the delivery date. This could be due to a variety of issues, not least the hosting provider suspending their services.
WordPress and third party software companies issue updates to their software from time to time. These updates will not be applied to the client’s website after delivery; and Smiling Panda Web Design accepts no liability for issues arising from a website: not having updates applied; having some updates automatically applied; having some or all updates manually applied by the client or someone appointed by them at a time after delivery of the website. Smiling Panda Web Design can be employed, on a time/cost basis, after delivery to assist with applying updates and fixing any issues arising.
Smiling Panda Web Design cannot accept responsibility for any alterations caused by a third party occurring to the client’s pages once delivered. Such alterations include, but are not limited to additions, modifications or deletions.
- Responsive Design
All websites designed by Smiling Panda Web Design will be tested at various screen sizes, suitable for viewing on desktop browsers, tablets and mobiles. The client agrees that Smiling Panda Web Design cannot guarantee correct functionality with all browser software across different operating systems. Smiling Panda Web Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the client. As such, Smiling Panda Web Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
The client retains the copyright to data, files and logos provided by the client, and grants Smiling Panda Web Design the rights to publish and use such material on the client’s website. The client must obtain permission and rights to use any information or files that are copyrighted by a third party. The client is further responsible for granting Smiling Panda Web Design permission and rights for use of the same on the client’s website and agrees to indemnify and hold harmless Smiling Panda Web Design from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the client to Smiling Panda Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
A link to Smiling Panda Web Design will appear in small type and graphic at the bottom of the client’s website, and designed to fit within the overall site design. This can be left out at the client’s request for an additional fee. The client also agrees that the website developed for the client may be presented in Smiling Panda Web Design ‘s portfolio.
These Terms and Conditions supersede all previous representations, understandings or agreements. The client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
- Governing Law
This Agreement shall be governed by English Law.
Smiling Panda Web Design hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Smiling Panda Web Design to the client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.